Motions for Relief from Stay with inaccurate foreclos=
Posted: Tue May 11, 2010 8:57 pm
I didn't say I "think" it will work. I do it on a regular basis. I only say it is "almost guaranteed" to work because not everyone has good courtroom skills. You need to know your judge, know your opponent, and be able to sell it. If you don't think it will work, it won't. And no lender is going to proceed with a sale before the date indicated in the order. That's why they call it an order.
To: cdcbaa@yahoogroups.com
Date: Tue, 11 May 2010 19:11:18 -0700
Subject: Re: [cdcbaa] Motions for Relief from Stay with inaccurate foreclosure information
I don't think that will work. The banks will just go forward with the foreclosure sale. To make something of this issue, you'd have to file a complaint for wrongful foreclosure arguing the fact that the bank itself said that no NOD had been served and recorded lulled the debtorinto not doing anything to protect its rights in the property - however; I don't think this is a winning argument either. Bank will say the debtor received the NOD and had the burden to appraise himself of the sale date, etc.
On Tue, May 11, 2010 at 5:08 PM, warren brown wrote:
Almost guaranteed to work: Appear at the hearing and indicate that you have no basis for opposition, but because the Debtor is working on .... loan mod, refi, writ of habeus corpus, devine intervention, whatever...some time is needed. Because the lender has indicated that in fact no foreclosure has commenced, you will stip to relief but no actual sale for the number of days needed to complete a foreclosure from N.O.D. through sale. I would be careful about putting the flaw into a written opposition, because you will tip your hand. Our judges are proud and very protective of their forms, and a declaration under penalty of perjury should mean something. Try it. You should like it. WB
To: cdcbaa@yahoogroups.com
Date: Tue, 11 May 2010 13:51:17 -0400
Subject: RE: [cdcbaa] Motions for Relief from Stay with inaccurate foreclosure information
It is not uncommon to receive Motions for Relief from Stay on real property where the form Declaration contains inaccurate or incomplete information regarding the status of the foreclosure. Often when a Notice of Default and/or Notice of Trustee's Sale has been recorded pre-petition, Sections 8(h) and 8(i) of the form Declaration will be blank or state "N/A". Today I was served with a Motion for Relief from Stay (from a very good creditor firm) where a Notice of Default and Notice of Trustee's Sale had been recorded pre-petition, and the form Declaration states "None Recorded" for both.
Is there anything which can/should be done about these inaccurate Motions, assuming no other basis to oppose relief? I remember I once filed a brief Opposition in front of Judge Russell bringing it to his attention, and he took a "no harm, no foul" approach and granted the Motion. Any thoughts? Keith H., what is your experience in such situations in front of the Los Angeles judges?
Jim
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